U.S. v. HUSSEY

Docket Nos. 00-1606, 00-1528(L), 00-1614, 00-1625.

254 F.3d 428 (2001)

UNITED STATES of America, Appellee, v. Marc W. HUSSEY, Blake W. Alexander, Melvin Lloyd Richards, Frank P. Zitkevitz, Defendants-Appellants, Laurence T. Zitkevitz, Agunloye Olawande, aka Wande, Alex Sheyfer, Alexander Zalmenenko, Defendants.

United States Court of Appeals, Second Circuit.

Argued June 6, 2001.

Decided June 21, 2001.


Attorney(s) appearing for the Case

Anthony Randazz, (Miles Feinstein, on the brief), Clifton, NJ, for Appellant Marc W. Hussey.

Robert J. Krakow, New York, NY, for Appellant Blake W. Alexander.

Deborah A. Schwartz, New York, NY, for Appellant Melvin Lloyd Richards.

James M. Branden, (Valerie S. Amsterdam, on the brief), Amsterdam & Branden, New York, NY, for Appellant Frank P. Zitkevitz.

Nancy Kestenbaum, Assistant United States Attorney, (Joanna C. Hendon, Gary Stein, Assistant United States Attorneys, of counsel; Mary Jo White, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee United States of America.

Before CABRANES, STRAUB, and SACK, Circuit Judges.


PER CURIAM.

The question presented here is whether a defendant, who facilitates the commission of a crime by falsely indicating that he legitimately holds a position of trust, can "abuse ... a position of trust" within the meaning of Section 3B1.3 of the Sentencing Guidelines. We answer in the affirmative and, therefore, affirm.

Appellants Marc Hussey, Blake Alexander, Melvin Richards, and Frank Zitkevitz were convicted in the United States District Court...

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